Dear Sir /Madam,
I have a Protected trust deed (PTD) running since Jan 2021, all well with PTD and its ongoing matter. There is no problem with PTD.
However a new court debt has arisen today, i do not know how to deal with it.
New debt details:
there was some incident took place in the middle of PTD duration, I have asked some legal firm to give legal advise, they said my legal position is good, they said that they will represent me in a civil case on "no win- no fee" basis. I thought its not costing me anything, so i agreed "no win- no fee" deal, matter went to civil courts and we have issued civil court proceedings to the opponent.
finally the civil case is struck out in the courts. the court made an order me to pay the opponent legal costs.
The firm who represented me in civil case says, "no win-no fee" deal means they do not charge legal fees from me however when a case is lost, i still need to pay opponent legal costs as per court order. so now this is my new debt. debt certainly not part of PTD, the debt has arisen in the middle of PTD. Debt is close to amount of £10,000. this is brand new debt.
The original PTD is still running and i have already completed 30 months on PTD, another 18 months still remaining.
Now i do not know how to deal with this new debt/ the new situation, can you kindly advise me.
As this debt is not covered by original PTD, can i set up a Formal Debt Management (DAS plan) or Informal Debt Management (DMP plan) while running other PTD? what is the best advise under this new situation?
kindly advise me. thank you
Hi jackie1002. This kind of situation is always tricky to deal with.
As you rightly say, the new debt is not covered by your Trust Deed, so you will need some alternative arrangement for dealing with it. However, you are not eligible to set up a Debt Arrangement Scheme if you are already in a PTD, even for new debts.
An informal repayment arrangement might be possible, however you are under an obligation to pay as much as you can afford to your PTD so there would be questions asked if you were also paying an amount each month for a new debt. As such, you really should discuss this problem with your Trustee and see what they may be willing to allow. To set up another arrangement without doing so might just jeopardise your PTD.
The other option is to terminate the Trust Deed and set up a new one, or go into a bankruptcy instead. However both of these routes would involve starting your 4-year payment period again unfortunately, which would be a real shame though may be worth considering if doing this would still work out as being better than repaying that new debt in full as well as completing your existing PTD.
Hope that makes sense. How much are you paying to your PTD currently?
It can be challenging to navigate new debts that arise during an ongoing Protected Trust Deed (PTD). While I'm not a financial advisor, I can provide some general guidance to help you consider your options.
Given the specific circumstances of this new debt, it may be beneficial to consult with a qualified debt advisor or financial professional who can provide personalized advice based on your individual circumstances. They will be able to assess your situation, review the terms of your PTD, and guide you on the best course of action.
They may suggest exploring the possibility of setting up a Formal Debt Management (DAS plan) or Informal Debt Management (DMP plan) alongside your ongoing PTD. These options can help you manage your debts effectively and work towards a resolution. However, it's crucial to seek professional advice to ensure that any new arrangement aligns with your overall financial goals and obligations.
I recommend reaching out to a reputable debt advisory service or financial advisor who can provide tailored guidance based on your specific needs. They will have the expertise to evaluate your situation comprehensively and help you make informed decisions moving forward.
I wish you the best of luck in finding a suitable solution, and I hope that you find the assistance you need to address this new debt effectively.
Welcome to the forum ozzymac13, your participation is appreciated. Whilst I am sure you were not meaning to imply that the advice provided on this forum is not provided by reputable experts, I think it is worth some clarification in case your comments may be misinterpreted by any newcomers browsing the site.
Two of the experts on this forum, myself and Paul McDougall, are actually qualified insolvency practitioners and Annmarie Macdonald has worked as a manager in the insolvency profession for a long period of time too. As such, we all have many years of experience advising individuals about their debts both via this forum and within our respective practices.
For anyone interested, further information on our backgrounds, experience and qualifications can be found on the "ABOUT OUR EXPERTS" page here: https://trust-deed.co.uk/debt-solutions/about-our-experts/